Astoria Park Limited v Nasib Ngumbao & 3 others Jackson Mwangome Ngome & 4 others (Affected Parties) [2020] eKLR Case Summary

Court
Environment and Land Court at Malindi
Category
Civil
Judge(s)
J.O. Olola
Judgment Date
October 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Astoria Park Limited v Nasib Ngumbao & others [2020] eKLR, detailing the legal arguments, judgments, and implications for affected parties.

Case Brief: Astoria Park Limited v Nasib Ngumbao & 3 others; Jackson Mwangome Ngome & 4 others (Affected Parties) [2020] eKLR

1. Case Information:
- Name of the Case: Astoria Park Limited v. Nasib Ngumbao & Others
- Case Number: Malindi ELC Case No. 15 of 2016
- Court: Environment and Land Court at Malindi
- Date Delivered: October 2, 2020
- Category of Law: Civil
- Judge(s): J.O. Olola
- Country: Kenya

2. Questions Presented:
The court must resolve the following legal issues:
- Whether the Affected Parties/Applicants, who claim to be residents on the disputed land, can obtain a stay of execution of the court's orders pending their application to be enjoined in the case.
- Whether the Applicants have sufficiently demonstrated their claim to the property and their rights to seek a stay of execution.

3. Facts of the Case:
The Plaintiff, Astoria Park Limited, is the registered owner of the property known as Parcel No. MN/III/1611. The Defendants include Nasib Ngumbao, Wilson Kemenwa Mudome, William Chibute Ndune, and Nickson Kitsao Charo. The Affected Parties/Applicants, comprising Jackson Mwangome Ngome, Elias Changa, Hassan Hamis Hassan, Fuad Said, and Priscah Chipande, claim to have been permanent residents on the land for over 12 years but were not included in the original lawsuit. They became aware of the judgment only after it was delivered and subsequently filed an application for a stay of execution.

4. Procedural History:
The Affected Parties filed a Notice of Motion on August 27, 2019, seeking to stay execution of the orders issued on July 11, 2019. The Plaintiff opposed this application, asserting that the Applicants were not parties to the suit and had not demonstrated their residence on the property. The court considered the application, the Plaintiff's objections, and the relevant legal provisions, but found that the Applicants had failed to take necessary steps to be enjoined in the case.

5. Analysis:
- Rules: The court considered Order 22 Rule 22 of the Civil Procedure Rules, which allows for a stay of execution upon sufficient cause being shown. It also referenced Order 42 Rule 6(2), which outlines the requirements for granting a stay of execution, including demonstrating potential substantial loss and acting without unreasonable delay.
- Case Law: The court did not cite specific case law in the ruling but implied reliance on established procedural rules regarding parties' rights and the necessity of being a party to the suit to seek relief.
- Application: The court found that the Applicants were not yet parties to the suit and had not successfully prosecuted their application to be enjoined. The court determined that their request for a stay of execution was premature and misconceived, as they had not demonstrated that they would suffer substantial loss or acted promptly in seeking relief.

6. Conclusion:
The court dismissed the Affected Parties' application for a stay of execution, ruling that they had not established their standing in the case or met the legal requirements for such an order. The dismissal was with costs to the Plaintiff, indicating that the court found the application without merit.

7. Dissent:
There was no dissenting opinion noted in the ruling.



8. Summary:
The court's decision in Astoria Park Limited v. Nasib Ngumbao & Others underscores the importance of proper procedural adherence in civil litigation, particularly regarding the necessity of being a party to a suit to seek relief. The ruling reinforces the principle that applicants must demonstrate a legitimate interest and the potential for substantial loss to warrant a stay of execution. The outcome highlights the challenges faced by individuals claiming rights to property without formal recognition in legal proceedings.

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